Overstay Brazil visa - fine

Thanks for your responses!

So I understand correctly, you're saying if you enter the country on a Tourist Visa, you cannot apply for residency whilst inside the country?

Thanks for your advise regarding returning and applying in UK. I have asked the Brazillian Consulate in the UK if I will be able to apply for the Nomad Visa, considering I will have a fine and potential punishment - they cannot confirm. My concern is being blocked from re-entering/my visa application being denied.

RESOLUÇÃO CNIG MJSP Nº 45, DE 9 DE SETEMBRO DE 2021 states:

Art. 4 O interessado que se encontre no territ rio nacional poder requerer a autoriza o de residencia prevista nesta Resoluçao ao Ministerio da Justiça e Segurança Publica, desde que apresentados os seguintes documentos:...

I have prepared all of these documents but cannot submit through MigranteWeb.

Portaria nº 25-DIREX/PF, publicada no Diário Oficial da União de 26/08/2021 states:

Art. 1º Fica prorrogado até 15 de março de 2022 o prazo para obtenção ou registro de autorização de residência, e para registro de visto temporário, dos estrangeiros que cuja documentação migratória tenha expirado a partir de 16 de março de 2020.

§1º O imigrante que se regularizar no prazo estabelecido não sofrerá penalidade por atraso no registro ou excesso de permanência ocorrido nesse período.

I have contacted the Brazillian Consulate in London and they have advised speaking to the Federal Police. I have had a response from them:

Prezado,

Essa informação referente RESOLUÇÃO CNIG MJSP Nº 45, é somente pelo portal MigranteWeb.

Atenciosamente,
Marcia
SEC/NRE/DELEMIG/SR/PF/RJ

However you can no longer submit new proposals using MingranteWeb (old) only on the new 2.0 - however this does not have the resolution and therefore cannot apply via the system.

I have submitted my application directly via email and explained this. I planned my course of action considering the above legislation. Perhaps my interpretation was wrong.

Eitherway I'll visit the FP on Monday with all documents and copies of all my emails and attempts to apply online.

Thanks again,

wrote:

So I understand correctly, you're saying if you enter the country on a Tourist Visa, you cannot apply for residency whilst inside the country?

Thanks for your advise regarding returning and applying in UK. I have asked the Brazillian Consulate in the UK if I will be able to apply for the Nomad Visa, considering I will have a fine and potential punishment - they cannot confirm. My concern is being blocked from re-entering/my visa application being denied.

There's nothing preventing you from making a request, but a Tourist Visa is a strictly non-resident temporary visa, and generally cannot be bootstrapped into an Authorization for Residency at the Polícia Federal. I'm aware of only three exceptions to this, one common and two very uncommon:

1. Authorization for Residency based on Family Reunion, as if the applicant had had a VITEM XI visa, at the request of a Brazilian spouse or child (far and away the most common exception);
2. Authorization for Residency based on Study, as if the applicant had had a VITEM V visa, at the request of a Brazilian school, or
3. Authorization for Residency based on Employment, as if the applicant had had a VITEM V visa, at the request of a Brazilian employer.

Note the determining factor here: in every case, the request is being sponsored by a Brazilian entity. I don't know of any case where a Tourist Visa has been "upgraded" at the applicant's own request.

With respect to applying for a Digital Nomad visa back in the UK, now identified on the website of the Brazilian Consulate in London as a VITEM XIV (http://cglondres.itamaraty.gov.br/en-us … l%20nomads), the overstay on your Tourist Visa should not count against you in applying for a visa of a different type, nor should it prevent you from being admitted to Brazil when you return on your new visa, although you will probably still have to pay your fine, if you don't take care of that when you leave.

Hi, abthree. This is quite scary:) Is it applicable only for blokes from U.K.?
I know cases from tourist to residents.
People from Mercosur can apply directly on spot while bing tourists and need to show only their ID and application form.
All the humanitarian programs( Haiti, Venezuela etc).
Those who gave birth to a child here are too going from tourist directly to permanent residents.

About Nomad -nothing clear yet. Maybe there are some other types of residence that one can upgrade from tourist? Does anybody know? Or  Is there somewhere a full list?

03/12/22

Pukapi wrote:

Hi, abthree. This is quite scary:) Is it applicable only for blokes from U.K.?
I know cases from tourist to residents.
People from Mercosur can apply directly on spot while bing tourists and need to show only their ID and application form.
All the humanitarian programs( Haiti, Venezuela etc).
Those who gave birth to a child here are too going from tourist directly to permanent residents.

About Nomad -nothing clear yet. Maybe there are some other types of residence that one can upgrade from tourist? Does anybody know? Or  Is there somewhere a full list?

I'm not sure why it seems "scary" -- all countries have the right to control their own borders, and Brazil is more liberal than some.  Brazil does draw a very firm line at tourists, and make no secret of it.  It expects people who qualify for residency, whenever possible, to obtain the correct visa before they leave their country of origin; if they can't be bothered, that's not Brazil's problem.  Nobody should ever be surprised (much less outraged!) by an overstay penalty when they break the rules, or consider themselves "oppressed" by being told that they need to go home.  If they're from North America or Europe, chances are that their government would treat a Brazilian in the same situation worse, and sometimes a lot worse.

Citizens of Mercosul countries have a special legal regime that applies to them.  We don't get many questions from them, first because this is an English-language forum and most are Spanish-speakers, and secondly because the rules seem to be pretty well known to them, particularly in the frontier areas where most of the transits take place.

Citizens of Portuguese-speaking countries also have a special legal regime; we almost never get questions from them for the same reasons.

Brazil is very responsive to people who qualify as refugees under international law; they are not treated or considered as tourists.  We get few questions here from genuine refugees, and those we always refer to the responsible agencies.  Earlier in the Maduro regime there were a lot of questions from Venezuelan refugees on the Spanish-language forum, but the Polícia Federal have stepped up their refugee processing procedures, and those seem to have tailed off. 

Brazil, like most countries in the Western Hemisphere, has embedded "birthright citizenship" in its law:  anyone born here is a citizen, unless one or both parents is an official representative of a foreign government.  As a result, birth tourism is still technically legal in Brazil, and those who give birth here qualify under the first exception I discussed:  in the eyes of the law, their Brazilian child is their "sponsor".  As the economy continues to stagnate, though, birth tourism is becoming an increasingly controversial topic.  Brazilian Consulates have instructions to deny visas to applicants whom they suspect of wanting to come to Brazil to give birth, and there have also been reports of couples with visas being denied entry on arrival.  So that loophole may be on the way to being closed.

With respect to the Digital Nomad visa, what I find most striking is that the Resolution was approved on September 9, 2021, but it wasn't published -- and so didn't go into effect -- until January 24, 2022.  That kind of delay is very unusual, and suggests to me that this continued to be very controversial within the bureaucracy, probably with the Ministry of Justice/Polícia Federal, for months after it was supposedly "agreed".  That the Polícia Federal seems to be taking a "work to rule" attitude so far tends to bear that out.  For the next six months to a year, I would expect that digital nomads who arrive in Brazil with the visa in hand from a Brazilian Consulate will have increasingly smooth sailing, but that others will not.

03/12/22

Pukapi wrote:

Maybe there are some other types of residence that one can upgrade from tourist? Does anybody know? Or  Is there somewhere a full list?

Most Brazilian Consulates have complete lists of visas on their sites.  the Consulate General in Chicago is usually very good about keeping its information current:

http://chicago.itamaraty.gov.br/en-us/visas.xml

Any visa in the VITEM series provides a basis for the Polícia Federal, at its discretion, to grant an Authorization for Residency.  The time period of the Authorization will normally be linked to the time period of the underlying visa, e.g., someone granted residency under a VITEM VIII, Volunteer Work, will be authorized to stay in Brazil for the shorter of one year or the length of their contract with the volunteer agency, with options for renewal.

Authorizations for Residency under VITEM V (Work), VITEM IX (Investment), and VITEM XI (Family Reunion) tend to become effectively permanent, as long as the underlying conditions continue to be met, and the recipient doesn't spend more than two continuous years outside Brazil without returning during that time.  I expect the same thing to happen with the Retirement Visa (another subset of VITEM XIV, like the Digital Nomad visa), but it's still too new for many of the first ones granted to have expired yet.

I emphasize, been there,additionally,a Brazilian state law professor tolded me a couple of years ago, that in her experiences,she has found an anti gringo bias in the judicial system,i dont know,but paramount to have all your ducks in a row,leave nothing to chance.

03/12/22



I read the resolution the same way you do. Unfortunately I think that, at least for the time being, this is one of those cases in Brazil where "what the large print giveth, the fine print taketh away".

The council that issued the resolution is the Conselho Nacional de Imigração, CNIG. it consists of 7 government representatives (including one from the Polícia Federal and one from the Justice Ministry, so in effect two from Justice), 3 union reps, 3 employer reps, and one rep from the scientific community. The Economy Ministry and the Foreign Ministry have some influence, but the 600 lb. gorilla in the room is Justice, which besides having two votes, administers the whole process.

We'll never know whether my hypothesis that Justice is unhappy with the whole concept is correct -- but if I'm correct, they'd be acting exactly like they are. When a digital nomad shows up with a visa issued by the Foreign Ministry, they're going to HAVE to issue a Residency Authorization, and from their point of view, at least they'll be able to blame the Consulate if things go south. Before then, it will take a very brave Delegado in the Polícia Federal to issue the first Residency Authorization to a digital nomad who wasn't already vetted by a Consulate. That's no reason not to try, but that's why I'm not hopeful.

We had a similar false dawn when the current Law of Migration was issued in 2017, and it appeared that the requirement for an applicant to already have an employment contract in Brazil to get a work visa was finally about to be loosened. That impression only lasted for the time it took for new regulations to be issued, which basically restated the old law.

03/12/22

boombop4477 wrote:

I emphasize, been there,additionally,a Brazilian state law professor tolded me a couple of years ago, that in her experiences,she has found an anti gringo bias in the judicial system,i dont know,but paramount to have all your ducks in a row,leave nothing to chance.

Often true.  Not just in the judicial system, but in administrative systems, banks, just about everywhere.  It's not everyone, it's not always strong enough to make things unfair, and there are plenty of people on the other side who are favorable to foreigners, sometimes too much so.  But still, it's best not to have conflicts, and to resolve conflicts that can't be avoided informally whenever possible, preferably in a conversation that includes your Brazilian mate or friend.  And the very fastest way to move any Brazilian functionary from "maybe" to "Hell no, never in your life" is to treat him or her with arrogance, disrespect, or contempt -- and their management WILL back them up.

03-12/22


I understand how it can seem that way, but it's actually the other ways around: the firm line is for everybody, and only a few specific nationalities are exempt.

Mercosul citizens have more open access to Brazil for one reason and one reason only: so that Brazilians can have more open access to THEIR countries, as they do per the relevant treaties. Brazil historically has operated on strict reciprocity: it treats a country's citizens the way that country treats Brazilians. Bolsonaro has muddied that up a little by giving some G7 countries a better deal than they give Brazil, but that will probably change when he returns to private life.

Brazilians and Portuguese have never been treated as foreigners in each others' countries. There was never a violent rupture -- Brazil became independent by the heir to the Portuguese throne becoming Emperor of Brazil -- and people have always passed freely back and forth. That applied to Portugal's overseas possessions before 1974 as well, and relatively free movement of people among the nations of the Lusosphere has continued as those countries became independent.

20 plus years passing a lot of time in Brasil and I must admit the system is against foreigners. I think Brasil's current immigration laws are extremely strict and counter productive to anyone who is not Brazilian. And the Americans probably feel it the worst.

Xpat-Forever wrote:

20 plus years passing a lot of time in Brasil and I must admit the system is against foreigners. I think Brasil's current immigration laws are extremely strict and counter productive to anyone who is not Brazilian. And the Americans probably feel it the worst.

I'm not sure how you mean that, but things like retirement visas or Digital Nomad visas are rather  ‘foreigner-friendly', as is the fact that you can purchase real estate even as a tourist. Also I hear it's not particularly difficult to get a work visa or student visa. Generally speaking, as someone who has spent a lot of time in S-E Asia, before starting to travel to Brazil during the pandemic, I find ‘the system' rather welcoming, so far.
How is Brazil against foreigners, in your opinion?

03/13/22
@Xpat-Forever

I agree that Brazilian migration laws are generally restrictive, but they fall more heavily on non-Portuguese speaking and non-Mercosul Third World countries than they do on citizens of the Global North.  As in the US, the system is geared to avoid overstays by denying visas to anyone who can't show a strong commitment to going home at the end of their trip.

abthree wrote:

03/13/22
@Xpat-Forever

I agree that Brazilian migration laws are generally restrictive, but they fall more heavily on non-Portuguese speaking and non-Mercosul Third World countries than they do on citizens of the Global North.  As in the US, the system is geared to avoid overstays by denying visas to anyone who can't show a strong commitment to going home at the end of their trip.

This is true. In 2017 (right after major migration laws changed) I was invited to spend a couple of days behind the lines of the PF in GRU.
It was very interesting. ab3 is correct as to tourist visas/waivers having proof of funds to cover their stay and a return ticket helped. There were a few denied entry due to insufficient funds and/or no proof of lodging or return tickets.
The major issue was fake documents and false statements on visa applications.
Today a few months ago the MJ instructed the PF to review overstays more than usual.

Hi all,

Just an update.

I visited the FP today in RJ. They refused to accept my Visa application without an appointment. In order to book the appointment I was ordered to visit the Migration portal, register as a foreigner in Brazil, under the justification of: Registro com base em publicação em Diário Oficial da União.

Then head to the FP website to schedule your appointment. I was unable to schedule an appointment for 10 days and even then, the system may not allow you to schedule, it will forever be submitting and repeatedly time-out.

I re-visited the FP officer, who kindly informed me to download Mozilla Firefox. I did so - it still did not work. I then asked if she could book the appointment for me, which she kindly did.

She also informed me, as my appointment has been scheduled before 16th March, PORTARIA Nº 25/2021-DIREX/PF, DE 17 DE AGOSTO DE 2021, would still apply to my application. This I do not believe. I hope she is correct.

I then thought I would try to login to the old MigranteWeb system (you will need an E-CPF/Digital Certificate for this) and then used the Codigo de Solicitaçao generated, to somehow.. submit my application for VITEM XIV - RN 45/2021. It's now submitted and I have a processing number.

I have no idea what will happen next, I'll keep you informed.

Good luck mate, keep us posted on this. I hope you somehow get around the fine, but I am also more interested in the fact you can now apparently apply for a VISA from within the country!

Perhaps you can't, but I have!

Who knows. I'm not sure anyone does. Let's see!

03/14/22



Great news -- good luck!

Great news!

1) I was speaking today with PF too.
I need to get extension or apply for a residence ( I'm still figuring which one better and how to apply), they told me that as I contacted them before I overstay they would not issue a fine. Im wondering how it works...  Did they  just marked me in the system as somebody who should not be fined? I don't know.

2) Guys would you please advice me concerning which  to choose?

We are family with kids. One works remotely( so we can apply for Nomade(1). 
Other just started working for a Brazilian company,  didn't sign a contract or anything yet ( so we maybe can apply for work visa(2) when this is set, most likely it will not be set before tourist visa expires, will need to get extension first).
My child has Mercosul citizenship.  So as all mercosul citizens can access to " easy" residence(3). Can a kid apply for this if has non_ mercosul parents, but in reverse sponsor them for family reunification?
At first it looked strange, but Brazilian new borns sponsor their foreign parents with no problem.

Which of 3 options looks the best?

03/14/22

Pukapi wrote:

Guys would you please advice me concerning which  to choose?

(1.) We are family with kids. One works remotely( so we can apply for Nomade(1).

(2.) Other just started working for a Brazilian company,  didn't sign a contract or anything yet ( so we maybe can apply for work visa(2) when this is set, most likely it will not be set before tourist visa expires, will need to get extension first).

(3.) My child has Mercosul citizenship.  So as all mercosul citizens can access to " easy" residence(3). Can a kid apply for this if has non_ mercosul parents, but in reverse sponsor them for family reunification?

Which of 3 options looks the best?

(1.)  If you're in Rio de Janeiro, it seems like garethandrews's efforts are getting some traction in that Polícia Federal office.  Precedent is important in Brazil, so you could go to the same office he did, and follow in his footsteps.  If you're somewhere else in Brazil, you can still try the steps he described, and hope for the best, but a Rio precedent won't carry as much weight with a different office.

(2.) If the person working for a Brazilian company is you or your spouse, and if the company is willing to provide a written, registered contract and sponsor the employee with the Ministry of Labor, that person should be able to obtain a Residency Authorization that applies to him or her, the spouse and all minor children.  If, on the other hand, the employee is one of the minor kids and/or an adult working for cash under the table, you need to get out of that situation ASAP:  the employer is exploiting you,  knowingly committing a serious crime, and involving you in the crime.

(3.) It depends on which Mercosul country your child is a citizen of, and whether their rules on Family Reunion are similar to Brazil's.  If they are, you could consider going back and applying for Family Reunion in that country for the whole family.  After you all are legal residents of that country, you may be able to enter Brazil on that country's equivalent of the CRNM.  You will not become residents of Brazil, but you may be residents of your child's country of birth with the right to work in Brazil.

"After you all are legal residents of that country, you may be able to enter Brazil on that country's equivalent of the CRNM. "
We are permanent residents there and I  indeed entered with the equivalent of the crnm.

"You will not become residents of Brazil, but you may be residents of your child's country of birth with the right to work in Brazil."

Could you please explain this one. How can one practice  this right to work in Brazil without being resident?
I have 90 days. I think I should get a residence to be able to stay, work etc.
The residence I'm looking at for the little one is this one https://www.gov.br/pf/pt-br/assuntos/im … a-e-chile.
It looks like it is applicable both for adults and  for children as for some documents they say "dispensada para menores de 18 años" . So my kid will ask for this, and we reunificate.

03/14/22

Pukapi,

At this point, I recommend that you retain an attorney to research and explain your options to you.  I don't see any way that any of you can become permanent residents of Brazil based on a minor child's citizenship in Chile, but a good lawyer may.

Agree with Ab3. To be certain check with an attorney.
Each of the Mercosur member states remains sovereign, and the specific rules that allow foreign nationals to enter a specific country vary from one member state to another. Nationals of Mercosur member states are generally allowed visa-waivered entry to other Mercosur member states.
Additionally, each member has different residency and work rules.
Mercosur is basically a trade agreement with some written rules as to work. Some member-only countries allow "X" amount of days to stay in another member's country. You can come and go freely, but I do not know as to PR.
A very old note I have is:
Nationals of countries that are part of the Mercosur agreement and their dependents, as well as nationals of French Guiana, Guyana, and Suriname, may work and reside in Brazil with a Temporary Residence Benefit without obtaining additional work authorization. However, registrations or other formalities may be required prior to working or residing in Brazil.

Pukapi wrote:

"After you all are legal residents of that country, you may be able to enter Brazil on that country's equivalent of the CRNM. "
We are permanent residents there and I  indeed entered with the equivalent of the crnm.

"You will not become residents of Brazil, but you may be residents of your child's country of birth with the right to work in Brazil."

Could you please explain this one. How can one practice  this right to work in Brazil without being resident?
I have 90 days. I think I should get a residence to be able to stay, work etc.
The residence I'm looking at for the little one is this one https://www.gov.br/pf/pt-br/assuntos/im … a-e-chile.
It looks like it is applicable both for adults and  for children as for some documents they say "dispensada para menores de 18 años" . So my kid will ask for this, and we reunificate.

Again, I am not an expert but have family that is. We see issues with some of the languages in your post. First being a PR in one country is not the same as having a CRNM in Brasil. Brazil issue temporary residence not permanent.


You need to rely on the PF and an attorney.

English Penguin wrote:

Good luck mate, keep us posted on this. I hope you somehow get around the fine, but I am also more interested in the fact you can now apparently apply for a VISA from within the country!

It comes from the actual text of the Resolution which allows for application within the country.

Hi all,

Just an update.

I visited the FP today in RJ. They refused to accept my Visa application without an appointment. In order to book the appointment I was ordered to visit the Migration portal, register as a foreigner in Brazil, under the justification of: Registro com base em publicação em Diário Oficial da União.

Then head to the FP website to schedule your appointment. I was unable to schedule an appointment for 10 days and even then, the system may not allow you to schedule, it will forever be submitting and repeatedly time-out.

I re-visited the FP officer, who kindly informed me to download Mozilla Firefox. I did so - it still did not work. I then asked if she could book the appointment for me, which she kindly did.

She also informed me, as my appointment has been scheduled before 16th March, PORTARIA Nº 25/2021-DIREX/PF, DE 17 DE AGOSTO DE 2021, would still apply to my application. This I do not believe. I hope she is correct.

I then thought I would try to login to the old MigranteWeb system (you will need an E-CPF/Digital Certificate for this) and then used the Codigo de Solicitaçao generated, to somehow.. submit my application for VITEM XIV - RN 45/2021. It's now submitted and I have a processing number.

I have no idea what will happen next, I'll keep you informed.

Ok, this is exciting... Going to follow suit here...in Curitiba and see where it gets me.

Also.. my experienced expats... are there different types of Federal Police? Would one assume that the place that I get my extension is the same place I would make an appointment to apply (if following garth steps?)

Thanks friends!

Cakinator, here is the list for Paraná. https://www.gov.br/pf/pt-br/acesso-a-in … ias/parana

Pukapi wrote:

Cakinator, here is the list for Paraná. https://www.gov.br/pf/pt-br/acesso-a-in … ias/parana

Ooooo, thanks so much.

I had to share this headline in the news today. Kind of off topic but many mention Paraguay.
"Man goes on trial in Paraguay for "raping" and mistreating chicken."

The Caacupé Sentencing Court, a town 57 km from Asunción, is judging for the first time in Paraguay's history a man accused of zoophilia against a chicken.

  What a country!!

Hi

I live in RJ too and am trying to apply to this visa as well and therefore have a few interrogations (I read the whole post but i might have gotten a bit lost):

- to which FP office did you go to in RJ, and why did you have to go? I thought we had to apply through https://migrante.mj.gov.br/
Did you go for your fine or to apply to the digital nomad visa?

- can you confirm we can apply to VITEM XIV - RN 45/2021 via the MigranteWeb system ? I am waiting for my CPF number to be issued to be able to enter the system and apply. But I also read in another thread that it wasnt listed it the list of visa.

- Do you need a e-CPF to enter the system and apply? It is what i seem to understand

- what is the Codigo de Solicitaçao? Do you need it to apply?


Thank you so much for your help

Looks like this was extended. Copying the new order below.

I have overstayed on my tourist visa for more than a year but I made my digital nomad visa application on March 15th (used a lawyer so no tips yet on the system etc). So while the below is definitely not clear, I am hoping they will wave my R$10k fine when it comes. Anyone think I have a chance at getting this waived or any tips on how to approach asking for forgiveness based on the below?


DIÁRIO OFICIAL DA UNIÃO
Publicado em: 16/03/2022
| Edição: 51
| Seção: 1
| Página: 72
Órgão: Ministério da Justiça e Segurança Pública/Polícia Federal
PORTARIA Nº 28/2022-DIREX/PF, DE 11 DE MARÇO DE 2022
Dispõe sobre prorrogação de prazo para regularização
migratória no âmbito da Polícia Federal.

O DIRETOR-EXECUTIVO DA POLÍCIA FEDERAL, no uso da atribuição que lhe confere o art. 38, inciso X, do Regimento Interno da Polícia Federal, aprovado pela Portaria nº 155, de 27 de setembro de 2018, do Excelentíssimo Senhor Ministro de Estado da Justiça e Segurança Pública, publicada na Seção 1 do Diário Oficial da União nº 200, de 17 de outubro de 2018, e nos termos do art. 2º, inciso VII, da Instrução Normativa nº 141- DG/PF, de 19 de dezembro de 2018, considerando a existência de imigrantes pendentes de regularização em razão dos efeitos do cenário que justificou a edição da Portaria nº 25/2021-DIREX/PF, resolve:
Art. 1º Fica prorrogado até 15 de setembro de 2022 o prazo para obtenção ou registro de autorização de residência, e para registro de visto temporário, dos estrangeiros que cuja documentação migratória tenha expirado a partir de 16 de março de 2020.
§1º O imigrante que se regularizar no prazo estabelecido não sofrerá penalidade por atraso no registro ou excesso de permanência ocorrido nesse período.
§2º As infrações administrativas praticadas pelos imigrantes contemplados neste artigo e ocorridas em data anterior a 16 de março de 2020, ou diversas do art. 109, II, III, e IV, da Lei nº 13.445, de 24 de maio de 2017, não se beneficiam da dispensa de penalidade.
§3º Aplica-se este artigo aos imigrantes e visitantes que estejam com requerimento de autorização de residência preenchido eletronicamente até a data de publicação desta portaria, e documentação necessária, porém não tenham conseguido agendamento de horário em razão das restrições locais da unidade de atendimento.
Art. 2º Os protocolos de atendimento referentes à regularização migratória e solicitação de reconhecimento da condição de refugiado, as carteiras de registro nacional migratório (CRNM), e os documentos provisórios de registro nacional migratório (DPRNM) expirados a partir de 16 de março de 2020, são considerados prorrogados e válidos, e devem ser aceitos para todos os efeitos até o dia 15 de setembro de 2022, inclusive para fins de registro, renovação ou transformação de prazo, desde que atendidas as regras do artigo 1º, §3º, desta Portaria.
Art. 3º No processo de regularização migratória serão aceitos passaportes, documentos de identificação e certidões de antecedentes criminais expedidos no exterior expirados após 16 de março de 2020, desde que o imigrante tenha mantido residência em território nacional e procure regularizar-se até 15 de setembro de 2022.
Parágrafo único. As viagens ao exterior cuja soma dos períodos de duração que ultrapassem trinta dias impedem a aplicação do disposto no caput.
Art. 4º Esta portaria entrará em vigor no dia 15 de março de 2022.
SANDRO TORRES AVELAR

Good luck to you both, really hope this new nomad VISA somehow avoids the fine! I think its always important to say though, if you do get the fine, pay it as soon as you can to avoid the interest on it. They didn't warn me about the interest at all!

"I have overstayed on my tourist visa for more than a year but I made my digital nomad visa application on March 15th (used a lawyer so no tips yet on the system etc). So while the below is definitely not clear, I am hoping they will wave my R$10k fine when it comes. Anyone think I have a chance at getting this waived or any tips on how to approach asking for forgiveness based on the below?"

You overstayed a year and now applying for a very new visa!!
If I was abetting man, which I am, the odds are in favor of the House (PF). Would a bank waive overdraft fees?

Be prepared to pay.

I am totally prepared to pay. That was my initial plan anyways when I first decided to overstay. The launch of the nomad visa just happened to come at the perfect time and gives me some hope that I may get lucky which is why I am asking if you have any tips for contesting when the day comes. If I have to pay I'll get over it, but may as well try. I am in Rio by the way.

Texan, your bank analogy is perfect (although it goes in the opposite direction you intended). Tons of banks waived overdraft fees in the beginning of Covid.

Daring12 wrote:

Texan, your bank analogy is perfect (although it goes in the opposite direction you intended). Tons of banks waived overdraft fees in the beginning of Covid.

Precisely.

I am not holding my breath, however this was the entire point of the extension. There were many, like us, who were all but trapped in the country due to cancelled flights and made the decision to overstay whilst continuing to earn from abroad, as we spent in the country. This was during a time when the tourism industry was on its knees and people were desperate for the opportunity to earn money -  hard working people who could not afford to feed their family with meat.

The purpose of this tolerance is the recognition there are many who overstayed their visa due to Covid. I do think it is generous but I also think that most people I know who choose to live in/work from this country are also generous people who recognise their position of privilege and take some responsibility in helping the people/business/economy of this country.  The purpose of the Nomad Visa is to recognise the above benefits and the global change in remote working, which I would bet, will become a huge contributing factor to growing tourism in Brazil, thus helping our friends and neighbours work towards a more peaceful, free and secure life.

Most of us who have lived in, or travelled Brazil for some time and choose to stay here, will have developed a deep empathy for the people desperate to improve their situation. I do not personally think our efforts should be viewed as selfish, entitled or arrogant.

Furthermore, at what point did we decide loaning inherited/invented money to others, at an invented interest rate is an example of high morality?  I'd question the ethics of this more than our efforts to regularise our status by obtaining a digital nomad visa and f****g off of this unnecessary and pointless fine.

Paz

03/17/22

Daring12 wrote:

Looks like this was extended. Copying the new order below.

I have overstayed on my tourist visa for more than a year but I made my digital nomad visa application on March 15th (used a lawyer so no tips yet on the system etc). So while the below is definitely not clear, I am hoping they will wave my R$10k fine when it comes. Anyone think I have a chance at getting this waived or any tips on how to approach asking for forgiveness based on the below?

I'll be surprised if you're successful in getting the overstay fine waived, but since you're represented by an attorney and got your request for residency in the day before the Portaria was published, I think that you have a very good chance of having your request for residency as a Digital Nomad approved. 

In what city did you file your request?

Daring12 wrote:

Texan, your bank analogy is perfect (although it goes in the opposite direction you intended). Tons of banks waived overdraft fees in the beginning of Covid.

Maybe, but not in Brazil to my knowledge.
Just as you said "an analogy".

Btw, Cakinator and others, can somebody please explain, whay to apply for tourist visa extension? I saw there in new portaría that frees overstayers from the fine if they apply for residency till 15th of September( lots of time!)
Cakinator, why did you apply for extension first? Is there some particular reason? Maybe I miss smthg..

I will be out of my 90 days soon, I've entered in the end of December 2021. Can I be sure that I will not be fined?